RUTHFULLY YOURS

https://www.gatestoneinstitute.org/16025/judge-emmet-sullivan

In the Flynn case, the prosecution and defense both agree that the case should be dropped. Because there is no longer any controversy between the parties to be resolved, there is no longer any case properly before the judge. His only job is to enter an order vacating the guilty plea and dismissing the case with prejudice.

Under our constitutional system of separation of powers, the new prosecutor has no standing…. the separation of powers…. allocates the power to prosecute to the executive not judicial branch.

It makes no constitutional difference that Flynn pleaded guilty — even if his plea was voluntary, which is questionable in light of the threats against his son.

The Justice Department has the constitutional authority to dismiss a prosecution that it has brought at any time and for any reason, without being second-guessed by the judicial branch.

[Sullivan] is endangering our system of separation of powers and he should be stopped by a writ of mandamus or a motion to recuse. Judges, too, are not above the law or the Constitution.

Judge Emmet Sullivan’s decision to appoint a retired federal judge to argue against the Justice Department’s entirely proper decision to end the criminal prosecution of General Michael Flynn is designed to circumvent the constitutional limitation on the jurisdiction of federal judges. The Constitution limits this jurisdiction to actual cases and controversies. There must be disagreement between the parties that requires resolution by a judge. If the parties agree, there is nothing for the judge to decide.

https://thefederalist.com/2020/05/14/the-constitution-requires-judge-emmet-sullivans-lawless-amicus-order-against-michael-flynn-be-overturned/

The U.S. Constitution makes clear that the judiciary has no business second-guessing prosecutorial decisions. That’s what Michael Flynn judge Emmet Sullivan decided to do.

On May 13, Judge Emmet Sullivan issued a blatantly biased and unconstitutional order in the long-lasting Michael Flynn criminal case. To preserve the rule of law and our constitutional separation of powers, the Department of Justice has no choice now but to seek a writ of mandamus from the D.C. Circuit Court ordering the criminal charge against Flynn dismissed and reassigning the case to another judge.

On Tuesday, Judge Sullivan shocked court watchers when he entered an order stating that, “at the appropriate time,” he intended to enter a scheduling order permitting “amicus curiae” or friend of the court briefs to be filed in Flynn case. Flynn, who more than a year ago pleaded guilty to making false statements to the FBI, was seeking to withdraw his guilty plea when the Department of Justice filed a motion to dismiss the criminal charge against Flynn.

The government’s motion to dismiss highlighted new evidence uncovered by an outside U.S. attorney, Jeff Jensen, and detailed the government’s position that even if Flynn had made false statements to FBI agents about his conversations with the Russian ambassador, as a matter of law there was no crime because the false statements were not “material” to a legitimate investigation.

https://www.realclearpolitics.com/articles/2020/05/14/dni_richard_grenell_deserves_the_nations_gratitude_143200.html

Before he was appointed U.S. ambassador to Germany, Richard Grenell was a foreign policy expert and a media commentator, recognized for his insight and independent analysis. Now that he’s the acting Director of National Intelligence, Grenell is after one thing on behalf of the American people: the truth. In his role as the DNI, Grenell has used his power responsibly, thoughtfully, and constitutionally to find the facts about what happened across the intelligence agencies serving the American people and how they were weaponized for political purposes before and after the 2016 election. 

Although Grenell’s appointment earlier this year was always intended to be temporary, he has not taken the job lightly. Just weeks into his new role, Grenell began reforming the Office of the Director of National Intelligence to enhance transparency and accountability while implementing measures to protect our intelligence agencies from future political interference.  

In May, Grenell announced even more structural reforms designed to improve ODNI’s efficiency and effectiveness. “[M]ore changes to come…because there have been 4 studies in the last 2 years from other career IC officials asking for reforms,” Grenell tweeted, adding that these reforms “should have been done before I arrived.” 

But Grenell’s most important contribution to justice — and truth — has been his decision to declassify the list of former Obama administration officials who “unmasked” the identity of the former National Security Adviser Michael Flynn. Thanks to Grenell’s efforts, Americans now know that the Obama administration abused its power during the 2016 campaign in order to illegally spy on Donald Trump’s associates.